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What are the Patent Laws in India?

Ishita Ramanipro badge , Last updated: 15 March 2024  
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Introduction

Do you know why patent registration is important? If you don't have a clear idea about patent law and why registration is important, don't worry. This article covers information like Patent Law in India, "What is a Patent?", Patent Filing Process in India and Patent Rights in India.

Like copyrights, geographical indications, trademarks and designs, patents are forms of intellectual property that are legally protected, and the legal owner of a patent can claim rights and entitlements under the law for a limited time. The Indian Patents Act of 1970 governs most of the patent law in India.

What is a patent?

A patent is a federally awarded privilege that allows an inventor to prevent others from selling, making, or using his invention for a fixed period of time. The purpose of the patent system is to promote one-of-a-kind and socially beneficial inventions. The Constitution grants the right to grant patents, and patents are governed by federal laws and regulations.

What are the Patent Laws in India

How to get a patent in India?

As per Indian patent law, patents can be issued only for new and beneficial inventions. The invention must relate to the manufacturing process for the manufacturer's object, substance or machine or article. A patent can also be secured for a new product or manufacturing process.

In the case of medicine or drugs, as well as in the case of certain groups of chemicals, no patent is issued for the substance itself, even if it is novel, but both the manufacturing process and the substance are patentable. The first inventor or the person who derives title from him must make a valid application for the patent and must be competent to assign the right to apply for the patent.

A utility patent applicant must demonstrate that their innovation is beneficial. The invention must have practical application and be functional. A machine that does not perform as intended would not be considered useful and therefore not patentable. Only a machine, a composition of matter, a process, or an improvement in one of these qualifies for a utility patent.

A patent is valid for 20 years from the date of filing the application with an annual renewal charge. The 'first to file' concept governs Indian patent law, which means that if two people apply for a patent on the same invention, the first to file will be granted the patent.

Patent Rights in India

  • Manufacture or manufacture
  • Offering for sale
  • To prevent third parties without authorization
  • Licensing

Patent Filing Process in India

  • All details related to invention work must be written.
  • For better explanation of the invention, use of sketches, diagrams and drawings for visual presentation will play an important role in the patent application.
  • As per the Indian Patent Act, certain inventions are not patentable, it is necessary to check whether the invention is patentable or not.
  • After completing step 3, in this step, it is necessary to check whether the invention meets all the criteria of the patent.
  • A patent application will be filed at this time.
  • Once an application is filed there is an 18-month gap from first filing to publication of the application.
  • Application will be made for examination.
  • If there are any objections, the patent agent at this stage will remove the objections to the patent.
  • Once cleared, the application will proceed for grant.

4 Types of Patent Applications

1. Conventional application

The phrase "conventional application" refers to an application which the applicant has previously submitted in another country and now wishes to file in India. It is also worth noting that the applicant has 12 months from the date of first filing to file the application.

2. PCT International Application

The term "PCT International Application" refers to an application that is filed by an applicant in a number of countries. This application can be filed in a total of 142 countries. In addition, it will take approximately 30 to 31 months to claim protection in each country, starting from the international filing date.

3. General application

A new application submitted to the Indian Patent Office is known as a "General Application". Additionally, the application's filing and priority dates are the same in this situation.

 

4. PCT National Phase Application

The term "PCT National Phase Application" refers to an application for protection made by an applicant in India as well as in other countries. Starting from the date of international filing, the applicant has to file the application with the Indian Patent Office within 31 months.

Patent laws in India are governed by the Patents Act 1970, comes up with safeguarding the inventions that are stories, which includes an initiative step and has potential of industrial application.

 

Summary

Patents can provide businesses with significant value and greater returns on their investment in developing innovative technologies. In figuring out how, where, and when to patent, an intelligent strategy that aligns corporate interests and uses technology with a variety of possibilities must be employed.

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Published by

Ishita Ramani
(Director - Operations)
Category LAW   Report

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